GUIDING FAMILIES THROUGH THE SEASONS OF LIFE

Jurisdiction in Minnesota Guardianship Proceedings

In order for the Court to have jurisdiction over an individual for guardianship proceedings, the individual must be served with a copy of the Petition for Guardianship.  See Minn. Stat. 524.5-308. This is typically served on the individual by the Court Visitor, who meets with the individual and reads (or summarizes) the petition to him/her and then reports back to the court on the status of the individual and whether he or she appears to be in need of a guardian.  There are instances where a Court Visitor does not or cannot meet with the individual prior to the guardianship hearing (for a variety of reasons, including: oversight by the Court in failing to appoint a visitor, the individual refusing to meet with the visitor, the individual being out of town or it being unsafe for the visitor to meet the person, to name just a few).  If the Court Visitor is unable to meet with the individual and personally serve him/her with a copy of the petition, then it’s up to the petitioner to make sure that the respondent is personally served with a copy of the petition (and that an affidavit of service is then filed with the court).

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